Bangalow Property Investments Pty Ltd v Byron Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Bangalow Property Investments Pty Ltd v Byron Shire Council [2015] NSWLEC 1262 Hearing dates:3 JulyDate of orders: 10 July 2015 Decision date: 10 July 2015 Jurisdiction:Class 1Before: Dixon C Decision: See at [ 25 ] Catchwords: APPEAL – Modification of conditions of development consent imposed under s94 of the Environmental Planning and Assessment Act 1979 requiring monetary contributions - applicable s94 Contributions Plan - s94 conditions based on repealed Contributions Plan – development yet to be commenced and demand for services and facilities generated by the development will not occur until dwellings are constructed on the land – should current Contributions Plan apply Legislation Cited: Environmental Planning and Assessment Act 1979 Byron Shire Council Section 94 Development Contributions Plan 2005 (incorporating Amendment No 1) Byron Shire Developer Contribution Plan 2012 (Amendment 3) Cases Cited: Arkibuilt Pty Ltd v Ku-ring-gai [2006] NSWLEC 502 Category:Principal judgmentParties: Bangalow Property Investments Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: Mr Andrew Pickles (Barrister) (Applicant) Mr Adam Seton (Solicitor) (Respondent) Solicitors: Brock Partners Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s):10360 of 2015 and 10361 of 2015Judgment The applicant, Bangalow Property Investment Pty Ltd, holds two development consents (DA10.2011.474.1) and (DA 10.2011.413.1) from Byron Shire Council for the subdivision of land in Bangalow. The Consents are subject to conditions imposed pursuant to s94 of the Environmental Planning and Assessment Act 1979 (EPA Act). They require the payment of monetary contributions levied in accordance with...